County court papers received out of blue from lowell

[Celestine]

Re: County court papers received out of blue from lowell

An Adjournment is the only reasonable decision of the Judge given the abusively late filing of the evidence which should have been 14 days ago

[mystery1]

Re: County court papers received out of blue from lowell

They cannot rely on the evidence received yesterday. Nor should the Judge allow them to either.

(From PT2537)
Consequence of failure to serve witness statement or summary

32.10 If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.
CPR 3.8 the sanction takes effect immediately they can not rely on the evidence without an application for relief from sanctions
and Mitchell makes it clear the test the Court must apply

CPR 32 doesn't apply in small claims

However the judges order, as advised, does.

M1

[mystery1]

Re: County court papers received out of blue from lowell

An Adjournment is the only reasonable decision of the Judge given the abusively late filing of the evidence which should have been 14 days ago

I disagree, i think with the trial date being sacrosanct and the failures to adhere to court orders and cprs the only way it should go is that the evidence is out and the claim form, whilst valid, not being relied upon. As such the trial proceeds today without any evidence and as such the case dismissed.

An adjournment is a big 2nd prize for me.

M1

[Celestine]

Re: County court papers received out of blue from lowell

Oh I agree M1, an Adjournment would really be a travesty, but I guess in our work we know that Judges seem to give these companies endless chances to prosecute their claim, so if she does get an adjournment, we can at least tear through the 'evidence' Lowell have supplied here.
Knowing that a nervous LIP will struggle against such opposition, I don't want her to feel that an adjournment is a loss.

Incidentally, these fake account statements are getting out of hand. I've had it crop up in several cases and when challenged, proof demanded, they slink away and pretend like it never happened. This is FRAUD.

[Nibbler]

Re: County court papers received out of blue from lowell

Yes, they seem to do it as they know that even in court they are going to get a slapped wrist at most, and I suppose in most cases they get away with it completely. Even among debt collectors, Lowells make the usual immorality look like saintliness.

[Amethyst]

Re: County court papers received out of blue from lowell

Hopefully it taking longer is a good sign?

[Scigal]

Re: County court papers received out of blue from lowell

Hopefully it taking longer is a good sign?

We w ere 20 minutes late starting



however the judge did indeed kick ass, i started on my first point from M1- the judge was amazing. He agreed lowels were being wholly unreasonable and mentioned the mitchell case.

the upshot is that i said i would agree to continue if the judge didntallow the statement, the claimant kicked off and started gojng on about stuff in the evidence. I tried to object but he carried on and on.

the judge was quite unhappy with them and was very much in my corner.

However he did make for an adjourment. In 2 weeks. I was awarded £62 costs for parking, milegae and £12 work time

[Scigal]

Re: County court papers received out of blue from lowell

He told the soliciot to tell richard senior that he was very very lucky to be alllowed to continue. And he should tell him that.

they only bunged the evidence together yesterday morning! The judge only got it today


So wth did he allow it?

[Scigal]

Re: County court papers received out of blue from lowell

Back in 10' i need to leave here and find a coffee house

[Amethyst]

Re: County court papers received out of blue from lowell

Phew, Marvellous - well done you xx

Hopefully it wasn't as bad as you had expected?

[Amethyst]

Re: County court papers received out of blue from lowell

Sooooo, we need to go through their 'evidence' and possibly ask for an order to evidence where those two payments have come from??

[Nibbler]

Re: County court papers received out of blue from lowell

Incidentally, these fake account statements are getting out of hand. I've had it crop up in several cases and when challenged, proof demanded, they slink away and pretend like it never happened.

Now there's an adjournment, hopefully that can be made to happen here as well.

[Celestine]

Re: County court papers received out of blue from lowell

Well done Scigal for braving that. I hope you feel very proud of yourself. Well done also to M1 for superb guidance throughout.

Have you had the same bank account for the last 6 years? Can you access statements? If Lowell are put to STRICT proof of how these payments were made, then hopefully you can counter their rubbish withy some evidence.

If its been adjourned for 2 weeks, whats the timescale on further witness evidence? It would seem very sensible to produce a WS to counter theirs??

[Amethyst]

Re: County court papers received out of blue from lowell

This is the defence originally entered:

I dispute all of the claim. No payments have been made. I deny all allegations.
The claimant’s claim was issued on 05-11-2013
The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
The Claimant's claim to be entitled to payment of £1046.33 or any other sum, or relief of any kind is denied.
In addition, I have not received any Letter Before Action or Letter of Claim before they issued proceedings. They have not been compliant with the Practice direction
I sent the appropriately worded letters for a true copy of any credit card agreement in 2008, then again in 2010. I then sent a follow up letter 6 months later to say that I had not received the CCA. I have copies and dates of both letters. I did receive a letter in 2010 acknowledging my letter but nothing further. I also sent a CCA request by signed for tracked delivery November 2013, as well as a CPR 31.14to Drydens for copies of documents mentioned in the particulars of claim. I have received no response. I have evidence of postage and Royal Mail Status of these letters. As I have no received the requested CCA I believe the £1 postal orders have been misused and added to the all edge account to demonstrate payment, I did not give consent for the monies to be used in any other way than for CCA.

On 15th May the 'evidence' bundle was sent in - did you do a witness statement or anything to go with that?

[FlamingParrot]

Re: County court papers received out of blue from lowell

This may have been posted earlier but it's a long thread, were the phantom payments £1 each?